New Rules on Paying Social Security Dues in Cross-Border Employment
The new Regulation No. 883/2004 on coordination of social security systems entered into force on 1 May 2010 and superseded the previous one - Regulation No. 1408/71, which has governed this matter for nearly 40 years. The new Regulation changes...
Some EU Directives May be Invoked in Court Even When Not Implemented into Polish Law
Even if an EU directive has not been implemented into the Polish legal system, it is possible to invoke rights following from such a directive in court. The general rule is that a directive cannot be applied directly. It must...
Cap on Non-EU Immigration a Step Closer
The UK's new coalition government has opened a consultation on its proposal to introduce a limit on the number of migrants from outside the Europe Union coming to work in the UK. This forms part of wider government policy to...
Employment Newsnotes (Issue 49, Summer 2010)
Employment Newsnotes (PDF) is an occasional publication by Lewis Silkin covering recent UK employment law developments in an accessible, succinct and entertaining way. The latest issue includes articles on: The forthcoming World Cup - issues for employers Prospects for employment...
Immigration: European Visa Code Entered into Force on 5 April 2010
European Regulation (EC) no. 810/2009 of 13 July 2009, establishing a Community code on visas, entered into force on 5 April 2010. The Visa Code provides for a harmonization of short stay and transit visas for third-country nationals in the...
Rome I and Terms of Employment
Employers who post employees abroad should check which terms of employment they should provide to them at the level required by the law of the country of posting. They should make sure whether, under the new Regulation No. 593/2008 on...
Employment Newsnotes (Issue 48, Spring 2010)
LS Newsnotes Issue 48 Spring 2010 (PDF) is an occasional publication by Lewis Silkin covering recent UK employment law developments in an accessible, succinct and entertaining way. The latest issue includes articles on: The potential implications of a Conservative...
EU 20-Week Maternity Leave Proposal: UK Implications
The recent vote by a committee of the European Parliament in favour of women becoming entitled to a minimum of 20 weeks' fully paid maternity leave has been causing concern in the United Kingdom. The Government had anticipated having to...
Google Execs Convicted of Violating Italian Privacy Law
On February 24, 2010, a Milan court convicted Google's Chief Legal Officer, Global Privacy Counsel, and a former member of Google Italy's board of directors for violating Italian privacy law and imposed a six-month, suspended jail sentence. The case stemmed...
New European Social Security Regulations as of 1 May 2010
On 30 October 2009, the implementing regulation of Regulation (EC) No. 883/2004, that will replace Regulation (EEC) No. 1408/71, was published in the Official Journal of the European Union. Regulation (EC) No. 883/2004 provides a series of rules to determine...
Sanctions Against Employers of Illegally Staying Third Country Nationals and the Joint and Several Liability of the Principal in a Subcontracting Situation
On 30 June 2009, Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 concerning "sanctions and measures against employers of illegally staying third-country nationals" (the so-called "Sanction Directive") was publicized. The Directive sets some minimum...
The European Blue Card: Facilitating the Inward Flow of Highly Qualified Individuals
On 18 June 2009, the Council Directive 2009/50/EC of 25 May 2009 facilitating conditions of entry and residence in the EU of third-county citizens for the purpose of highly qualified employment was publicized. This Directive introduces the European Blue Card,...
UK Implementation of EU Temporary Agency Workers Directive Delayed
The Government has announced that regulations implementing the European Temporary Agency Workers Directive (2008/104/EC) will not come into force until October 2011. Earlier this year, the Government carried out an initial consultation on how to implement the Directive, which requires...
Multinationals Certified to the U.S.-E.U. Safe Harbor Agreement Beware: The Federal Trade Commission Has Bared Its Enforcement Teeth
Since its inception in the year 2000, the U.S.-E.U. Safe Harbor Agreement has attracted nearly 2,000 multinationals seeking to establish a lawful basis to transfer to the U.S. the personal data of their consumers and employees who reside in the...
New European Social Security Regulations in Principle as from 1 May 2010
In principle every country has its own social security regime and its own social security rules. To promote internal mobility Regulation (EEC) 1408/71 was introduced. This Regulation doesn't provide a unified European social security regime but rather a series of...